'I broke down and then got a parking ticket at a motorway service station': The trick to beat private car park fines

A few weeks ago our car started making strange noises on the M5 so we took refuge at the nearest service station. A quick call to the AA and, after a couple of hours of head scratching under the bonnet, they advised my boyfriend and I not to continue our journey.

With heavy hearts we drove back home, abandoning our holiday in Cornwall. We put it down to bad luck and thought that was the end of it.

Until a week later when we received a Parking Charge Notice for £100, reduced to £60 if paid within 14 days.

A fine mess: Many motorists aren't aware of their rights and feel intimidated or confused

We’d overstayed our welcome at the
services, where parking was limited to two hours. It certainly added
insult to injury.

We hadn’t noticed any signs, probably because we’d
been preoccupied with breaking down on a motorway 200 miles from home.

And the amount charged seemed excessive for less than an hour over the
allowed time. We sent off an appeal.

But like many motorists in these
situations, we were unsure of our rights. Should we just pay up?

‘These companies rely on three things from drivers - that they aren’t aware of their rights and feel intimidated or confused, they don’t have enough time, or they can’t be bothered to appeal,’ says Barton.

‘So most people simply pay. But if you receive a ticket, don’t assume you have to.’

KNOW YOUR PARKING ENEMY

There are different types of parking ticket, with different appeals processes. Check where the charge is from before you do anything:

Penalty Charge Notice (PCN), issued by official public bodies like local councils and Transport for London

Fixed Penalty Notices (FPNs), issued by police

Excess or Standard Charge Notices, issued by some local councils

Charges issued by private companies. Some may be called PCNs (Parking Charge Notice) but do not confuse them with council PCNs (Penalty Charge Notice).

(Source: www.gov.uk)

This view is backed by Barrie Segal,
who campaigns against unfair parking tickets at AppealNow.com.

Segal
adds: ‘Just ignore them. My view is that these charges aren’t
enforceable. In order to enforce the charge, or penalty as they call it,
they’d have to take you to court.’

Barton says it’s highly unlikely it
would go to court. He also urges motorists not to feel bullied by
threats of bailiffs - they can only be sent after the matter has been to
court.

The law regarding parking on private land changed on October 1 with The Protection of Freedoms Act 2012.

It outlawed clamping on private land and set up the independent appeals body POPLA (Parking on Private Land Appeals).

Kelvin Reynolds, policy and public affairs director at the British Parking Association (BPA), says about 150 appeals have been registered with POPLA. The industry is waiting for its first decision, anticipated by the end of the month.

Reynolds explains that when we drive onto private land, parking is provided under the law of contract. ‘The motorist is invited onto the land by the landowner,’ he says. ‘They’ve then entered into a contract with the landowner.’

If you ‘breach that contract’, for example if you’re not a customer or you stay longer than you should, they may decide to charge you.

The trick to beat a private parking ticket

According to Barton, there are two ways to handle the situation if you receive a charge.

The first is to appeal, initially to the company that issued the notice and, if this fails, to POPLA. However, you need to decide if you’re prepared to give an appeal the time it might need.

Most people, says Barton, simply want the matter out of the way quickly: ‘Here, the best option is to offer a reduced amount as a final settlement. Email or write to the company stating ‘I’m not admitting liability for this. But I’m willing to pay you something to put things to an end.

‘I hereby tender £10 (or whatever amount) in full settlement’.

‘It’s important to head any correspondence with the words ‘Without Prejudice’, so you’re not admitting liability.

‘It’s a negotiation, a way of trying to resolve the issue. Once your cheque is cashed, they legally have no comeback and the matter is closed.’

If you decide to go down this route, how much should you offer?

Barton advises a ‘reasonable amount’, so if you overstayed by half an hour in a car park that charges £10 a day, offer a few pounds. ‘Every case is different,’ he adds. ‘But payment should be proportionate.’

The introduction of POPLA means that at least there is now an independent body for appeals. However, drivers can only use POPLA if the ticket issuer is a member of an Accredited Trade Association (ATA). There’s currently only one of these - the BPA, and not all companies are members.

The BPA has been pushing for all companies issuing tickets on private land to have to be ATA members. Reynolds says: ‘It would stop rogue traders. At the moment, it’s entirely plausible to operate outside the system.’

Meanwhile, back to my own parking charge at the service station. A few days ago we received an email from the company. It said the charge had been cancelled.

I’m glad we didn’t just pay up.

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The trick to beat private parking tickets: I dodged my service station fine

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